Can I get EAD after I-140 approval?
Can I get EAD after I-140 approval?
In the case of I-485 abeyance after I-140 approval, can I file EAD and/or AP? Yes. In the case of I-140 and Concurrent Filing, applicants will be eligible to apply for interim benefits such as employment authorization and advance parole while the I-485 application is held in abeyance.
Can I use H1B and EAD at the same time?
Yes. Using EAD for employment will terminate your existing H-1B status. It doesn’t matter whether you use the EAD to work for the same employer, another employer, yourself or only part-time.
Can I apply for H4 EAD after I-140 approval?
H-4 visa EAD can be applied as soon as H-1B spouse’s I-140 is approved, as there is no waiting time (minimum duration) after the approval of I-140 when H-4 visa can be applied.
What is the next step after I-140 approved?
After a successful interview, your “green card” should be approved, printed and mailed. If AOS is filed as a standalone, then after your I-140 approval, you must wait for your priority date to be current as per the Visa Bulletin to file your adjustment of status I-485 (and of any dependents).
Do I need EAD card for H-1B?
An H1B visa is a work visa so an EAD is not also required.
What happens to H-1B after EAD approval?
Answer: No. Once an EAD card is used for any employment, you may be deemed to have terminated your nonimmigrant status, and, therefore, you would no longer have H-1B status. If you use your EAD card for employment, you will need AP to travel.
Do I need EAD after H-1B?
If you decided to instead work on your EAD than your H1B visa, the transition is easy. You just don’t renew or extend your H1B status. You simply use your EAD as your employment authorization when you apply for a new job. But you have to remember you first need to have an EAD to use the EAD as an alternative to H1B.
Can I have H1B and H4 EAD at the same time?
Yes, concurrently filing of the Change of Status from H1B visa to H4 and the EAD application is allowed. The H4 will not take effect until the change of status is actually approved.
Is H4 EAD eligible for automatic extension?
The H4 EAD will get automatic extensions if you file the i765 renewal/extension application before the current EAD card expires and their H4 i94 is still valid.
Do I need H-1B if I have EAD?
An H1B visa is a work visa so an EAD is not also required. Also, having an EAD and using it, even with a second, nighttime or part-time employer, we believe will void the H1B visa. Some attorneys are willing to gamble on that fact.
Is EAD better than H-1B?
The benefit of being on H-1B status is that if the green card application gets rejected, the individual can still remain in the country legally and continue to work on her H-1B status. The advantage of EAD is that it can be renewed indefinitely as long as the green card application is pending.
